Bryant, Thomas Clyde

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-91,402-01, 91,402-02, 91,402-03, 91,402-04 & 91,402-05
EX PARTE THOMAS CLYDE BRYANT, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 19CR21232A, 18CR20511A, 19CR21229A, 19CR21231A & 19CR21230A
IN THE 123RD DISTRICT COURT
FROM SHELBY COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to two charges of online solicitation of a minor, two charges of
criminal attempt of sexual performance of a child, and one charge of sexual performance of a child
and was sentenced to fifteen years’ imprisonment on each charge. Applicant did not file direct
appeals in these cases. Applicant filed these applications for writs of habeas corpus in the county
of conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends that his pleas were involuntary because trial counsel erroneously advised
Applicant that he was not eligible for any type of probation when there is no indication that he would
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not be eligible for deferred adjudication probation. Applicant has alleged facts that, if true, might
entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex.
Crim. App. 2013). Accordingly, the record should be developed. The trial court is the appropriate
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
counsel to respond to Applicant’s claim. In developing the record, the trial court may use any means
set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether
Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court
shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If
counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s
name.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
was eligible for any type of probation, including deferred adjudication probation. The trial court shall
make findings of fact and conclusions of law as to whether trial counsel’s performance was deficient
and Applicant would have insisted on a trial but for counsel’s alleged deficient performance. The
trial court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
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Filed: September 16, 2020
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